Ole Abe, What Would He Say About This Current Government & Country.
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"When the people fear their government, there is tyranny; when the government fears the people, there is liberty."
"Thomas Jefferson"
Title.
UNITED KINGDOM — I am not a lawyer, but I am becoming one to clear my name. I am also a determined human being out for justice, and it appears the U.S. Government's are not taking me to seriously. What I have come to believe Is the fact I do not have the same rights as a U.S. citizen has when one is accused of a crime in the U.S. The U.S. Government may have case on the rights of Immigrants, because we are not citizens, and the fact remains the U.S. Constitution cannot be utilised by an immigrant, because if they could immigrants would not be getting deported in record numbers. However, on another note, I do have rights as a human being who accuses the U.S Government(State & Federal policing agencies) of physical and Mental abuse's, and both think they can get away with without repercussions.
Below I will begin to explain the entire facts and elements of my story, and you would think this could only happens in a Hollywood movie.
I am British Citizen, Mark Gary Hough, who formerly resided in the United States for twenty five years as a Lawful Permanent Resident. I have a U.S. citizen family, with U.S. citizen children, and for 16 years, I have battled against an injustice when I was vindictively and maliciously prosecuted by the State of Nevada, and the U.S. Federal Government. My prosecution, and later deportation from the United States was based upon a complete pack of lies, and I intend to to prove it.
The U.S. legal system is broken, is not working, and irrefutably unjust. Unfortunately, all living societies needs a system of law's, prisons, and the like, for people who are unable to live within our crazy societies. However, there must also be transparency, so the system remains fair, so corrupt official's can also be caught and held accountable when they over step their authority. The legal system in America lacks transparency in all respects, and checks and balance's are not adhered to. The U.S. System of justice is self regulated by those who are installed to run it, and this is why I find myself in the position I am in now.
Let there be no mistake, If you ever are accused of crime or get caught up in the legal system in America, you are on a one way street, "Guilty or not". The U.S system presumes you guilty from the time you are arrested, and if you want to obtain any form of rightful justice in the United States, gaining such,will depend on the size of your bank account. If you have money but later find out you are going to run out of money to pay an attorney's overburdened hourly fees for representation, you will find yourself representing yourself as I have until recently where I have now been appointed an attorney that I find very suspicious.
As I have explained above, the system is self regulated by those who participate within in. (lawyer's, judges, appeal courts etc. etc) Over the years, my family have spent thousands of dollar's in my legal representation, but nothing never comes to light, because a lawyers job never finishes, and that is why you end up self representing. (In short, my family got tired being ripped off.) U.S. lawyers just want more and more money, and will tell you there is no price on justice, which is highly unacceptable in my view, because this not what a system of laws should be enforced upon (Money). It is easy for a lawyer to say this, because they are the recipients of the the fees you will end up paying.
I am a immigrant or was a immigrant of the U.S. and I need several U.S. legal attorney's to obtain justice that I rightfully deserve under the law. I require's both an Immigration & criminal attorney if I am to clear my name, and more importantly, to be able to visit my family in the U.S. There is only one person who knows the facts of my cases, (me) Now after 16 years I must be doing something right, because the court has now appointed me an attorney. (I wonder why), and I apologise to the U.S. taxpayer. Maybe it's because they do not want me to take the credit of making the courts and the Government look bad, and boy they have been appallingly bad toward me and my family.
I have imminent hearings to be held, and If the court's rule fairly according to the facts of my cases, then justice will be served. Well I hope it will for all concerned. I am not holding my breath, because the Clark County District Court System (Nevada) is a "good old boy"system, so I expect nothing from this court. Regardless of what may take place in the Nevada state court, I am confident my appeal to the Federal courts will prevail, if the State court of Nevada forces me to go that far. Immigrant's living in the U.S. "legally or illegal" are stripped of there rights, dignity and all what's worth living for, when an immigrant is subjected to the legal system in America.
As far as I am concerned before I leave this earth I will bring those people involved with my cases to justice. Those people who think they will get away with what they have put me through better think again. Briefly, with lots of emphasis, I was unconstitutionally held in a Las Vegas jail for 14 month's, and everyone one of my so-called constitutional rights were violated beyond belief. Why you may ask, because I maintained I was innocent of what they were charging me with, and because I brought legal action against the police. (My case files, and the proceedings will be listed below.) The end result of my case was the fact, I was given no other choice other than to plead guilty to regain my freedom. I was threatened, coerced, and tricked into pleading guilty to a crime I did not commit, and I was later physically beaten into submission on two different occasion that is fully documented. (This is fact not fiction.)
I allege I was prosecuted, because myself and my girlfriend had brought legal action against the Las Vegas Metropolitan Police Department (LVMPD). The cause of action brought stems from (4) male officer's who fully stripped search my girlfriend in our hotel room when I was playing in a small poker tournament at a Las Vegas casino. Three weeks after we had made a complaint concerning this unlawful strip search filed with the (LVMPD) Internal Affairs Department, myself and my girlfriend were arrested for possession of stolen property (Please note, no property was ever taken from either one of us, and no property was ever produced in court.)
At the direction of the State of Nevada, the State of New Jersey, the State of Washington, and of course the U.S. Government, I was subjected to a unlawful criminal proceedings that left me serving four and half years in a Nevada prison, two years and five months in Federal immigration centres and jails. Once I was deported my parental rights to my U.S citizen children were taken, and I suffered numerous civil and human rights violation committed against me by the Department of Homeland Security (formally the INS). Five years after leaving the U.S. I was Unlawful prosecution by the State of New Jersey when myself and my British family were detained again at Newark International airport after being given permission by the U.S Embassy in London England to visit with my U.S. Citizen children. (more details will be added to who what, where and when took will be added as my case and this story progress's.) Once again, I am with civility seeking relief "within the law", but the problem is getting the relief I am entitled to. It has become clear, that Despite a landmark case — (Padilla v. Kentucky) — the State of Nevada, and the U.S. Government continue to obstruct justice with their unethical practices, despicable actions, and out of bounds conduct, and I am loosing my Patience.
I have learned and studied U.S. law to defend myself, because I promise my children I would seek justice for them and my overall family. It is my turn to to allege, who, what, when, and where did to me and I have the evidence to prove what they did was unforgivable. My current pro-se (Self) motion under “Padilla vs. Kentucky" goes far beyond the issue's in that case, which was decided by the United State Supreme Court in 2010, and entitle's me to relief. My evidence and proceedings clearly show, the State of Nevada promised me in a plea bargain agreement, I would not be deported if I agreed to plead guilty. This promise was absolutely given on a certified Court record, and in an affidavit by the State's prosecutor. I agreed to take a polygraph examination, and amongst other things I was promised I would not be deported. I also passed the polygraph, and this can be reviewed in the the prosecutors affidavit. If need be, I am prepared to take my matter to the U.S. Supreme Court like Padilla did Pro-Se.
This story and legal document's will be updated and added as the case continues.
Below I will begin to explain the entire facts and elements of my story, and you would think this could only happens in a Hollywood movie.
I am British Citizen, Mark Gary Hough, who formerly resided in the United States for twenty five years as a Lawful Permanent Resident. I have a U.S. citizen family, with U.S. citizen children, and for 16 years, I have battled against an injustice when I was vindictively and maliciously prosecuted by the State of Nevada, and the U.S. Federal Government. My prosecution, and later deportation from the United States was based upon a complete pack of lies, and I intend to to prove it.
The U.S. legal system is broken, is not working, and irrefutably unjust. Unfortunately, all living societies needs a system of law's, prisons, and the like, for people who are unable to live within our crazy societies. However, there must also be transparency, so the system remains fair, so corrupt official's can also be caught and held accountable when they over step their authority. The legal system in America lacks transparency in all respects, and checks and balance's are not adhered to. The U.S. System of justice is self regulated by those who are installed to run it, and this is why I find myself in the position I am in now.
Let there be no mistake, If you ever are accused of crime or get caught up in the legal system in America, you are on a one way street, "Guilty or not". The U.S system presumes you guilty from the time you are arrested, and if you want to obtain any form of rightful justice in the United States, gaining such,will depend on the size of your bank account. If you have money but later find out you are going to run out of money to pay an attorney's overburdened hourly fees for representation, you will find yourself representing yourself as I have until recently where I have now been appointed an attorney that I find very suspicious.
As I have explained above, the system is self regulated by those who participate within in. (lawyer's, judges, appeal courts etc. etc) Over the years, my family have spent thousands of dollar's in my legal representation, but nothing never comes to light, because a lawyers job never finishes, and that is why you end up self representing. (In short, my family got tired being ripped off.) U.S. lawyers just want more and more money, and will tell you there is no price on justice, which is highly unacceptable in my view, because this not what a system of laws should be enforced upon (Money). It is easy for a lawyer to say this, because they are the recipients of the the fees you will end up paying.
I am a immigrant or was a immigrant of the U.S. and I need several U.S. legal attorney's to obtain justice that I rightfully deserve under the law. I require's both an Immigration & criminal attorney if I am to clear my name, and more importantly, to be able to visit my family in the U.S. There is only one person who knows the facts of my cases, (me) Now after 16 years I must be doing something right, because the court has now appointed me an attorney. (I wonder why), and I apologise to the U.S. taxpayer. Maybe it's because they do not want me to take the credit of making the courts and the Government look bad, and boy they have been appallingly bad toward me and my family.
I have imminent hearings to be held, and If the court's rule fairly according to the facts of my cases, then justice will be served. Well I hope it will for all concerned. I am not holding my breath, because the Clark County District Court System (Nevada) is a "good old boy"system, so I expect nothing from this court. Regardless of what may take place in the Nevada state court, I am confident my appeal to the Federal courts will prevail, if the State court of Nevada forces me to go that far. Immigrant's living in the U.S. "legally or illegal" are stripped of there rights, dignity and all what's worth living for, when an immigrant is subjected to the legal system in America.
As far as I am concerned before I leave this earth I will bring those people involved with my cases to justice. Those people who think they will get away with what they have put me through better think again. Briefly, with lots of emphasis, I was unconstitutionally held in a Las Vegas jail for 14 month's, and everyone one of my so-called constitutional rights were violated beyond belief. Why you may ask, because I maintained I was innocent of what they were charging me with, and because I brought legal action against the police. (My case files, and the proceedings will be listed below.) The end result of my case was the fact, I was given no other choice other than to plead guilty to regain my freedom. I was threatened, coerced, and tricked into pleading guilty to a crime I did not commit, and I was later physically beaten into submission on two different occasion that is fully documented. (This is fact not fiction.)
I allege I was prosecuted, because myself and my girlfriend had brought legal action against the Las Vegas Metropolitan Police Department (LVMPD). The cause of action brought stems from (4) male officer's who fully stripped search my girlfriend in our hotel room when I was playing in a small poker tournament at a Las Vegas casino. Three weeks after we had made a complaint concerning this unlawful strip search filed with the (LVMPD) Internal Affairs Department, myself and my girlfriend were arrested for possession of stolen property (Please note, no property was ever taken from either one of us, and no property was ever produced in court.)
At the direction of the State of Nevada, the State of New Jersey, the State of Washington, and of course the U.S. Government, I was subjected to a unlawful criminal proceedings that left me serving four and half years in a Nevada prison, two years and five months in Federal immigration centres and jails. Once I was deported my parental rights to my U.S citizen children were taken, and I suffered numerous civil and human rights violation committed against me by the Department of Homeland Security (formally the INS). Five years after leaving the U.S. I was Unlawful prosecution by the State of New Jersey when myself and my British family were detained again at Newark International airport after being given permission by the U.S Embassy in London England to visit with my U.S. Citizen children. (more details will be added to who what, where and when took will be added as my case and this story progress's.) Once again, I am with civility seeking relief "within the law", but the problem is getting the relief I am entitled to. It has become clear, that Despite a landmark case — (Padilla v. Kentucky) — the State of Nevada, and the U.S. Government continue to obstruct justice with their unethical practices, despicable actions, and out of bounds conduct, and I am loosing my Patience.
I have learned and studied U.S. law to defend myself, because I promise my children I would seek justice for them and my overall family. It is my turn to to allege, who, what, when, and where did to me and I have the evidence to prove what they did was unforgivable. My current pro-se (Self) motion under “Padilla vs. Kentucky" goes far beyond the issue's in that case, which was decided by the United State Supreme Court in 2010, and entitle's me to relief. My evidence and proceedings clearly show, the State of Nevada promised me in a plea bargain agreement, I would not be deported if I agreed to plead guilty. This promise was absolutely given on a certified Court record, and in an affidavit by the State's prosecutor. I agreed to take a polygraph examination, and amongst other things I was promised I would not be deported. I also passed the polygraph, and this can be reviewed in the the prosecutors affidavit. If need be, I am prepared to take my matter to the U.S. Supreme Court like Padilla did Pro-Se.
This story and legal document's will be updated and added as the case continues.
AFFIDAVIT OF FORMER CLARK COUNTY DEPUTY
DISTRICT ATTORNEY LESTER QUAM
STATE OF NEVADA )
:ss
COUNTY OF CLARK)
LESTER QUAM, being duly sworn, deposes and says:
1. That affiant is knowledgeable about all matters set forth in this affidavit and
knows them to be true.
2. That I am competent to testify concerning the facts contained in this affidavit.
3. That I was employed as a deputy District Attorney for the county of Clark, State
of Nevada in 1994.
4. That I was assigned to the criminal division in 1994.
5. That one of the criminal cases I was assigned to in 1994 was the State of Nevada
V. Mark Hough case numbers Cl 15662 and Cl 16863.
6. That Mr. Hough's social security number is
585-1340-23 and his date of birth is December 21, 1961.
7. That in case numbers Cl 15662 and Cl 16863. Mr. Hough was charged with
Burglary and possession of stolen property.
8. That after two preliminary hearings both cases were bound over for trial to the
Clark county District Court.
9. That prior to trial Mr. Hough was administered and passed a polygraph
examination as to whether or not he actually broke into people's homes and
committed the act of Burglary.
10. That on April 29, 1994 Mr. Hough entered into a plea agreement whereby he
agreed to plead guilty to two (2) counts of possession of stolen property. Both
charges being felonies.
11. That on April 29, 1994 before Judge J. Charles Thompson, Mr. Hough pleaded
guilty to case number Cl 15662 one count of possession of stolen property.
12. That prior to entering his plea, during negotiations, Mr. Hough advised me, in the
presence of his attorney, for the first time that he was a resident alien and by
pleading guilty to any felony, he would have problems with the United States
Immigration Service.
13. That I, Lester Quam advised Mr. Hough in the presence of his attorney that "The
State" would not "pursue" any immigration matters or holds in regard to Mr.
Hough. Mr. Hough was in essence promised by the "State" that if he pled guilty
he would not have any immigration problems from the "State".
14. That during the plea agreement, as it was read into the record I, Lester Quam
again stated on the record page 6, line 3 and 4 of the plea transcript, that the
"State would not be pursuing any immigration hold or any other matter of that
nature" against Mr. Hough.
15. That the plea agreement agreed to by Mr. Hough clearly stated that the "State"
would not pursue or cause any immigration problems for Mr. Hough.
16. That subsequent to his release from the Clark County jail, the United States
immigration service was waiting for him and placed him into custody.
17. That Mr. Hough was in fact deported from the United States as a result of the two
felony convictions he had agreed to.
18. That after many years of trying, Mr. Hough was finally able to locate me on or
about June 21,2004.
19. That unknown to myself and Mr. Hough, at the time of the plea agreement in
1994, the Clark County Jail was required to notify the United States Immigration
Service whenever a resident alien is processed through the county jail.
20. That had Mr. Hough known that his pleading guilty would have resulted in any
United States Immigration problems he never would have entered into the plea
agreement. This was clearly stated to this affiant by Mr. Hough in the presence of
his attorney. Clearly, Mr. Hough pled guilty with the understanding that the
immigration service would not be involved. That is the only reason Mr. Hough
agreed to plead guilty, because he believed that immigration would not be
involved.
21. That had I known that the county jail had as it's policy in 1994 to automatically
notify the United States Immigration Service anytime a resident alien is processed
through the jail I never would have offered the plea agreement to Mr. Hough with
the promise that the "State" would not pursue an immigration hold or any other
matters with the immigration service.
22. That it has come to my attention that Mr. Hough, a resident alien did not
understand that the "state" as represented by Clark County Deputy District
Attorney Mr. Quam was a different entity than the federal branch of the United
States Immigration Service. Mr. Hough justifiably believed that Mr. Quam and
the Clark County District judge had some power or authority over the United
States Immigration service. And that when Mr. Quam stated for the record and
made the promise a part of the plea agreement that the "State" would not pursue
any immigration matters. Mr. Hough justifiably believed that Mr. Quam or the
county judge could somehow prevent the immigration from using the two felony
convictions from deporting him.
23. That furthermore had I known that the county jail was going to immediately
contact the United States immigration Service, he would never had let Mr. Hough
proceed with the plea agreement as it was offered to Mr. Hough. The plea
agreement clearly incorporated the promise that the "State " would not pursue
immigration issues. Had Mr. Quam known that another county agency would by
it's own policy violate the terms of the plea agreement, he never could have gone
through with the agreement.
24. That my understanding of the plea agreement and promise regarding immigration
was that the "state" meaning the District Attorney's office would not pursue or
cause Mr. Hough to have any immigration problems as a result of the plea
bargain.
25. That due to a misunderstanding of the meaning of the "State", Mr. Hough pled
guilty to the two felonies. Absent the misunderstanding neither Mr. Hough nor
Mr. Quam would have entered into the April 29 1994 plea agreement.
26. That as a result of the misunderstanding, the plea agreement should be set aside
since no actual agreement existed due to the misunderstanding. No meeting of the
minds actually occurred due to the mutual misunderstanding of fact on both the
defendant and the county.
27. That Mr. Hough made numerous attempts over the years to have his attorney at
the plea agreement on April 29, 1994, John Moran Jr. to enforce the agreement or
contact the state to bring the misunderstanding to the attention of the State.
28. That Mr. Hough made several unsuccessful attempts over the years to contact me,
but due to my unforeseen retirement in 1997 from the Clark County District
Attorneys Office was never able to locate me until June 2004.
29. That in this affiant's opinion, a grave injustice has been done to Mr. Hough and
the 1994 convictions should be vacated and the plea agreement be deemed null
and void. That the plea agreement was never intended to cause the deportation of
Mr . Hough.
Further Affiant sayeth Naught
Lester Quam
Signed and sworn before me this day of June 2004.
Notary public in and for said County and State
PL LITTLE
Notary Public, State of Nevada
Appointment No. 9823931
MyAnpl Expires May 12,2002
LAW OFFICE OF STEVEN L. VENIT
3240 W. Irving Park Rd 1280 S. Decatur
Chicago, Illinois 60618 Las Vegas, NV 89102
(773) 477-9998 (702) 877-2383
(773) 477-2230 Fax (702) 877-2757 Fax
a/Reply to Las Vegas
a Reply to Chicago
a No Reply Necessary
July 20, 2004
Mark Hough
110 Humber Road
Stoke
Coventry CV1 2AT
United Kingdom
Dear Mr. Hough:
You are entitled to the following information regarding your case that was received after your abusive behavior and threats to Mr. Quam and myself caused us to discontinue any efforts on your behalf.
On or about the 7th of July, I was contacted telephonically by Ms. Maria Noto. She indicated that you were making both verbal and written threats to her and I relayed that information to Mr. Quam who elected not to inform you until on or about July 11, 2004 of Ms. Note's assertions. I requested of Mr. Noto that she forward the e-mails she deemed to be of a threatening nature to my office. When the e-mails were not forwarded to me immediately, I called Ms. Noto on Friday, July8,2004 on her cell phone as to inquire to the status of the e-mails. During my conversation with Ms. Noto on July 8th at about 7:00 p.m. EST, a man by the alleged name of Michael Sullivan took possession of Ms. Note's cell phone and indicated to me the following.
1. That Mr. Sullivan was a United State Attorney,
2. That he was investigating the alleged threats made against Ms. Noto by my client Mark Hough,
3. That they believed they had enough evidence to have the US Marshals go to the UK and pick Mr. Hough up and have him extradited to the US,
4. That if I didn't find a way to get my client Mr. Hough to stop making the threats to Ms. Noto that he would get very creative and file charges in the USA causing Mr. Hough to be extradited back to the US,
5. That Mr. Sullivan claimed to be in possession of your e-mails and the attachments from Mr. Quam, and
6. Ms. Noto indicated during the same conversation that Mr. Sullivan was a United State's Attorney. I have subsequently informed Ms. Noto that I did not represent you and I was only helping Mr. Quam with his assistance of you, but that I would relay the information to Mr. Quam to be given to you. It is my understanding you were so informed on or about July 12, 2004 by Mr. Quam of Mr. "Sullivan's" and Ms. Noto's claims.
On July 12, 2004, during my conversation with Ms. Noto, I discussed the possibility of her speaking to you. During that same conversation, I inquired as to the status of Mr. Sullivan's investigation. She indicated that Mr. Sullivan was not an actual US Attorney but her "bulldog" and works in the United States Attorney's office in an unspecified capacity. As of this date I do not know whether or not Mr. Sullivan is an actual US Attorney, or whether an actual investigation is pending. I also do not know whether Mr. Sullivan is even an actual licensed attorney or just a concerned friend of Ms. Noto. I suggest you follow up on this matter to determine whether or not an investigation has actually begun, since any such investigation would have a negative impact on your request for re-entry into the United States.
Secondly, on or about July 15,2004.1 was contacted telephonically by Mr. Quam who indicated that he had completed his research into how the INS was waiting to pick you up on or about August 1994 after your guilty plea for possession of stolen property in Clark County, Nevada. His research indicates that the Clark County Detention Center does not now or in 1994 have any such policy that requires the detention center to contact the INS when a resident alien such as yourself pleads guilty to a felony. Rather it is the policy of the INS and now the Department of Homeland Security to visit the detention center every day but Sunday for a review of the inmates with possible immigration issues.
This information has many ramifications for you. First, Mr. Quam's affidavit is now rendered inaccurate in regard to paragraphs 19,21 and 23. Any such attempt by you to assert those paragraphs as accurate could leave you open to charges of providing false information to a government authority or perjury. You are hereby put on written notice that the Quam affidavit is inaccurate as to those sections. This letter will constitute written notice that you should inform anyone you distributed the affidavit to that paragraph 19, 21 and 23 are inaccurate. From this point forward you cannot deny knowledge of that information.
Secondly, since the county jail had no such policy, no one in Clark County could have prevented the INS from detaining you in 1994. not the Judge or the prosecutor. The only action that could have prevented your detainment in 1994 after your guilty plea would have been a written waiver by the INS secured by your court-appointed attorney.
Therefore, it is my opinion your only hope of vacating your 1994 convictions should you choose to try to do so, is to pursue the plan of attack that you did not understand that the State and Federal branches of the United States government were not one and the same. I direct your attention to paragraph 22, 24, 25 and 26 of Mr. Quam's affidavit wherein he makes the argument for you that you did not have such an understanding at the time of your plea. However, it is my professional opinion from the first day I spoke to you at the request of Mr. Quam, that your prior criminal histories were all property related crimes and of little consequence in regard to your request for re entry. That your only possible obstacle to your re entry is the class four felony
you pled guilty to in 2003 at the federal level while being represented by Ms. Noto.
It is my opinion that I concur with Mr. Quam in that your money is best spent on a high quality immigration attorney in the UK. At the same time avail yourself of any civil remedies you may have against the State of Nevada, Mr. Quam and Ms. Noto.
Finally, due to your continued abusive verbal behavior and threats directed at Mr. Quam and myself, this letter will serve as written notice to you that you are not to contact Mr. Quam or my self or our families or anyone connected to us for any reason. That contact will include telephone, letters, e-mail or personal contact by you or your agent. Any such contact will result in charges being filed against you by Mr. Quam or myself for stalk:'ng, extortion, racketeering and obstruction of justice. The United States and the United Kingdom have a very close and liberal extradition relationship.Charges can be filed against you at the county levels both in Chicago and Las Vegas which would cause you to be extradited, and quite obviously have a devastating impact on your immigration status.
Both Mr. Quam and myself genuinely tried to do our best for you and wish you nothing but good things and sincerely hope you will be able to visit the United States and be reunited with your family. We wish your mother a speedy recovery from her recent injury. We encourage you to file whatever civil remedies could be available to you and your family. Hope you and your family continue to thrive in the United Kingdom.
3240 W. Irving Park Rd 1280 S. Decatur
Chicago, Illinois 60618 Las Vegas, NV 89102
(773) 477-9998 (702) 877-2383
(773) 477-2230 Fax (702) 877-2757 Fax
a/Reply to Las Vegas
a Reply to Chicago
a No Reply Necessary
July 20, 2004
Mark Hough
110 Humber Road
Stoke
Coventry CV1 2AT
United Kingdom
Dear Mr. Hough:
You are entitled to the following information regarding your case that was received after your abusive behavior and threats to Mr. Quam and myself caused us to discontinue any efforts on your behalf.
On or about the 7th of July, I was contacted telephonically by Ms. Maria Noto. She indicated that you were making both verbal and written threats to her and I relayed that information to Mr. Quam who elected not to inform you until on or about July 11, 2004 of Ms. Note's assertions. I requested of Mr. Noto that she forward the e-mails she deemed to be of a threatening nature to my office. When the e-mails were not forwarded to me immediately, I called Ms. Noto on Friday, July8,2004 on her cell phone as to inquire to the status of the e-mails. During my conversation with Ms. Noto on July 8th at about 7:00 p.m. EST, a man by the alleged name of Michael Sullivan took possession of Ms. Note's cell phone and indicated to me the following.
1. That Mr. Sullivan was a United State Attorney,
2. That he was investigating the alleged threats made against Ms. Noto by my client Mark Hough,
3. That they believed they had enough evidence to have the US Marshals go to the UK and pick Mr. Hough up and have him extradited to the US,
4. That if I didn't find a way to get my client Mr. Hough to stop making the threats to Ms. Noto that he would get very creative and file charges in the USA causing Mr. Hough to be extradited back to the US,
5. That Mr. Sullivan claimed to be in possession of your e-mails and the attachments from Mr. Quam, and
6. Ms. Noto indicated during the same conversation that Mr. Sullivan was a United State's Attorney. I have subsequently informed Ms. Noto that I did not represent you and I was only helping Mr. Quam with his assistance of you, but that I would relay the information to Mr. Quam to be given to you. It is my understanding you were so informed on or about July 12, 2004 by Mr. Quam of Mr. "Sullivan's" and Ms. Noto's claims.
On July 12, 2004, during my conversation with Ms. Noto, I discussed the possibility of her speaking to you. During that same conversation, I inquired as to the status of Mr. Sullivan's investigation. She indicated that Mr. Sullivan was not an actual US Attorney but her "bulldog" and works in the United States Attorney's office in an unspecified capacity. As of this date I do not know whether or not Mr. Sullivan is an actual US Attorney, or whether an actual investigation is pending. I also do not know whether Mr. Sullivan is even an actual licensed attorney or just a concerned friend of Ms. Noto. I suggest you follow up on this matter to determine whether or not an investigation has actually begun, since any such investigation would have a negative impact on your request for re-entry into the United States.
Secondly, on or about July 15,2004.1 was contacted telephonically by Mr. Quam who indicated that he had completed his research into how the INS was waiting to pick you up on or about August 1994 after your guilty plea for possession of stolen property in Clark County, Nevada. His research indicates that the Clark County Detention Center does not now or in 1994 have any such policy that requires the detention center to contact the INS when a resident alien such as yourself pleads guilty to a felony. Rather it is the policy of the INS and now the Department of Homeland Security to visit the detention center every day but Sunday for a review of the inmates with possible immigration issues.
This information has many ramifications for you. First, Mr. Quam's affidavit is now rendered inaccurate in regard to paragraphs 19,21 and 23. Any such attempt by you to assert those paragraphs as accurate could leave you open to charges of providing false information to a government authority or perjury. You are hereby put on written notice that the Quam affidavit is inaccurate as to those sections. This letter will constitute written notice that you should inform anyone you distributed the affidavit to that paragraph 19, 21 and 23 are inaccurate. From this point forward you cannot deny knowledge of that information.
Secondly, since the county jail had no such policy, no one in Clark County could have prevented the INS from detaining you in 1994. not the Judge or the prosecutor. The only action that could have prevented your detainment in 1994 after your guilty plea would have been a written waiver by the INS secured by your court-appointed attorney.
Therefore, it is my opinion your only hope of vacating your 1994 convictions should you choose to try to do so, is to pursue the plan of attack that you did not understand that the State and Federal branches of the United States government were not one and the same. I direct your attention to paragraph 22, 24, 25 and 26 of Mr. Quam's affidavit wherein he makes the argument for you that you did not have such an understanding at the time of your plea. However, it is my professional opinion from the first day I spoke to you at the request of Mr. Quam, that your prior criminal histories were all property related crimes and of little consequence in regard to your request for re entry. That your only possible obstacle to your re entry is the class four felony
you pled guilty to in 2003 at the federal level while being represented by Ms. Noto.
It is my opinion that I concur with Mr. Quam in that your money is best spent on a high quality immigration attorney in the UK. At the same time avail yourself of any civil remedies you may have against the State of Nevada, Mr. Quam and Ms. Noto.
Finally, due to your continued abusive verbal behavior and threats directed at Mr. Quam and myself, this letter will serve as written notice to you that you are not to contact Mr. Quam or my self or our families or anyone connected to us for any reason. That contact will include telephone, letters, e-mail or personal contact by you or your agent. Any such contact will result in charges being filed against you by Mr. Quam or myself for stalk:'ng, extortion, racketeering and obstruction of justice. The United States and the United Kingdom have a very close and liberal extradition relationship.Charges can be filed against you at the county levels both in Chicago and Las Vegas which would cause you to be extradited, and quite obviously have a devastating impact on your immigration status.
Both Mr. Quam and myself genuinely tried to do our best for you and wish you nothing but good things and sincerely hope you will be able to visit the United States and be reunited with your family. We wish your mother a speedy recovery from her recent injury. We encourage you to file whatever civil remedies could be available to you and your family. Hope you and your family continue to thrive in the United Kingdom.
Register of ActionsCase No. 93C116863
The State of Nevada vs Mark G Hough
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Case Type:Felony/Gross Misdemeanor
Date Filed:12/10/1993
Location:Department 7
Conversion Case Number:C116863
Defendant's Scope ID #:0410535
L
ower Court Case Number:93F07170
Party Information
Lead Attorneys
For Defendant Hough, Mark G
Christopher R. Oram
Court Appointed
7023845563(W)
Plaintiff
State of Nevada
Stewart L. Bell
7024554662(W)
Charge Information
Charges:
1. BURGLARY.205.060Felony01/01/19002.
2. RECEIVING, POSSESSING OR WITHHOLDING STOLEN GOODS205.275Felony01/01/1900Events & Orders of the Court DISPOSITIONS01/01/1900 Plea (Judicial Officer: User, Conversion)
1. BURGLARY.Dismissed06/07/1994 Disposition (Judicial Officer: User, Conversion)
2. RECEIVING, POSSESSING OR WITHHOLDING STOLEN GOODSGuilty06/07/1994 Adult Adjudication (Judicial Officer: User, Conversion)
RECEIVING, POSSESSING OR WITHHOLDING STOLEN GOODSConverted Disposition:Sentence# 0001: SUSPENDED Minimum 10 Years to Maximum 10 Years Placement: NSP Cons/Conc: Concurrent w/Charge Item: 0001 and Sentence#: 0001 in Case#: 93C115662
Converted Disposition:Sentence# 0002: PROBATION WITH CONDITIONS Minimum 5 Years to Maximum 5 Years
Converted Disposition:Sentence# 0003: RESTITUTION Amount: $75.00
Converted Disposition:Sentence# 0004: COUNSELING PROGRAM
Converted Disposition:Sentence# 0005: Minimum 4 Months to Maximum 4 Months Placement: CCDC
Converted Disposition:Sentence# 0006: ADMINISTRATION FEE Amount: $25.00
Converted Disposition:Sentence# 0007: PROBATION RE-INSTATED
Converted Disposition:Sentence# 0008: SENTENCE AMENDED Minimum 5 Years to Maximum 5 Years Placement: NSP
Converted Disposition:Sentence# 0009: PROBATION REVOKED Minimum 5 Years to Maximum 5 Years Placement: NSP Cons/Conc: Concurrent w/Charge Item: 0001 and Sentence#: 0009 in Case#: 93C115662
Converted Disposition:Sentence# 0010: CREDIT FOR TIME SERVED Minimum 394 Days to Maximum 394 Days
OTHER EVENTS AND HEARINGS
12/10/1993 Criminal BindoverCRIMINAL BINDOVER Fee $0.00 93C1168630001.tif pages
12/10/1993 NoticeNOTICE OF EXHIBIT(S) IN THE VAULT 93C1168630002.tif pages
12/13/1993 HearingINITIAL ARRAIGNMENT 93C1168630003.tif pages
12/21/1993 InformationINFORMATION 93C1168630004.tif pages
12/22/1993 Initial Arraignment (9:00 AM) ()INITIAL ARRAIGNMENT Relief Clerk: NANCY BANKS Reporter/Recorder: RENEE SILVAGGIO Heard By: Gerard Bongiovanni
Minutes 12/22/1993 Initial Arraignment (9:00 AM) ()INITIAL ARRAIGNMENT Relief Clerk: NANCY BANKS Reporter/Recorder: RENEE SILVAGGIO Heard By: Gerard Bongiovanni Minutes 12/22/1993 9:00 AM -Defendant Hough arraigned and entered a plea of not guilty to all counts. Further, invoked the sixty-day rule. COURT ORDERED, matter set for trial. CUSTODY 2/14/94 @ 10:00 A.M. - JURY TRIAL ... 2/11/94 @ 9:00 A.M. - CALENDAR CALL
01/07/1994 Ex ParteEX PARTE APPLICATION FOR AUTHORIZATION FOR INVESTIGATIVE SERVICES 93C1168630007.tif pages
01/10/1994 MotionMOTION TO WITHDRAW AS COUNSEL 93C1168630008.tif pages
01/10/1994 Receipt of CopyRECEIPT OF COPY 93C1168630009.tif pages
01/18/1994 Reporters TranscriptREPORTER'S TRANSCRIPT PRELIM. HRG. 93C1168630010.tif pages
01/19/1994 OrderORDER AUTHORIZING INVESTIGATIVE SERVICES 93C1168630011.tif pages
01/24/1994 HearingCONFIRMATION OF COUNSEL 93C1168630012.tif pages
01/24/1994 Motion to Withdraw as Counsel (9:00 AM) ()MOTION TO WITHDRAW AS COUNSEL Court Clerk: JOSEPHINE BOHN Reporter/Recorder: RENEE SILVAGGIO Heard By: Gerard Bongiovanni
Minutes 01/24/1994 Motion to Withdraw as Counsel (9:00 AM) ()MOTION TO WITHDRAW AS COUNSEL Court Clerk: JOSEPHINE BOHN Reporter/Recorder: RENEE SILVAGGIO Heard By: Gerard Bongiovanni Minutes 01/24/1994 9:00 AM -Mr. Hughes stated he has received no opposition. COURT ORDERED, MOTION GRANTED. Court stated Karen Brasier appointed to represent defendant and, FURTHER ORDERED, set for confirmation of counsel on Wednesday. CUSTODY...1/26/94 @ 9 A.M.-CONFIRMATION OF COUNSEL
01/26/1994 Motion for Confirmation of Counsel (9:00 AM) ()CONFIRMATION OF COUNSEL Court Clerk: JOSEPHINE BOHN Reporter/Recorder: RENEE SILVAGGIO Heard By: Gerard Bongiovann
Minutes 01/26/1994 Motion for Confirmation of Counsel (9:00 AM) ()CONFIRMATION OF COUNSEL Court Clerk: JOSEPHINE BOHN Reporter/Recorder: RENEE SILVAGGIO Heard By: Gerard Bongiovanni Minutes 01/26/1994 9:00 AM -Mr. McDonald, appearing for Ms. Brasier, advised the Court she can confirm as counsel and, COURT SO ORDERED. He stated that Ms. Brasier's child broke a leg this weekend and she will not be prepared to proceed to trial in February. Mr. Roger stated there is no opposition to a motion for continuation of the trial if the defendant waives the 60-day rule. Defendant stated he wants a speedy trial. Mr. McDonald advised the Court he would be prepared to represent the defendant if he is not opposed but he as well would not be prepared to proceed to trial in February. Defendant stated he would agree to Mr. McDonald representing him but wants a speedy trial. Colloquy. COURT ORDERED, TRIAL DATE TO STAND. Defendant asked for O.R. release. FURTHER ORDERED, DENIED. CUSTODY
02/11/1994 Calendar Call (9:00 AM) ()CALENDAR CALL Relief Clerk: THERESA ALMSTEAD Reporter/Recorder: RENEE SILVAGGIO Heard By: Gerard Bongiovanni
Minutes 02/11/1994 Calendar Call (9:00 AM) ()CALENDAR CALL Relief Clerk: THERESA ALMSTEAD Reporter/Recorder: RENEE SILVAGGIO Heard By: Gerard Bongiovanni Minutes 02/11/1994 9:00 AM -Deft. stated his attorney is Karen Brasier. COURT ORDERED, passed for Ms. Brasier's presence. LATER, Court recalled matter, State answered ready for trial. Ms. Brasier stated she is not ready for trial, she just picked this case up from Ed Hughes recently, the Preliminary Hearing transcript and the Psychiatric reports on deft. have not been received. Court stated deft. invoked sixty day rule. Ms. Brasier stated her client has a trial date in Dept. I on 3-3-94 on another case. Deft. requested an O.R. release. COURT ORDERED, O.R. DENIED ON THESE CHARGES, BAIL REDUCED TO $10,000. FURTHER ORDERED, trial date vacated and reset. CUSTODY (COC) 3-28-94 AT 10 AM / JURY TRIAL ///// 3-25-94 AT 9 AM / CALENDAR CALL
02/14/1994 CANCELED Jury Trial (10:00 AM) ()VacatedResult: Vacate
03/02/1994 MotionMOTION TO WITHDRAW AS ATTORNEY OF RECORD 93C1168630015.tif pages
03/14/1994 Motion to Withdraw as Counsel (9:00 AM) ()MOTION TO WITHDRAW AS ATTORNEY OF RECORD Court Clerk: JOSEPHINE BOHN Reporter/Recorder: RENEE SILVAGGIO Heard By: Gerard Bongiovann
Minutes 03/14/1994 Motion to Withdraw as Counsel (9:00 AM) ()MOTION TO WITHDRAW AS ATTORNEY OF RECORD Court Clerk: JOSEPHINE BOHN Reporter/Recorder: RENEE SILVAGGIO Heard By: Gerard Bongiovanni Minutes 03/14/1994 9:00 AM -Colloquy as to attorney being appointed in defendant's other case. COURT ORDERED, MOTION TO WITHDRAW GRANTED. MATTER SET FOR STATUS CHECK ON CONFIRMATION OF COUNSEL ON WEDNESDAY. CUSTODY (COC)...3/16/94 @ 9 A.M.-STATUS CHECK: CONFIRMATION OF COUNSEL
03/15/1994 HearingSTATUS CHECK RE: CONFIRMATION OF COUNSEL 93C1168630016.tif pages
03/16/1994 Status Check (9:00 AM) ()STATUS CHECK RE: CONFIRMATION OF COUNSEL Court Clerk: JOSEPHINE BOHN Reporter/Recorder: RENEE SILVAGGIO Heard By: BONGIOVANNI, GERARD J.
Minutes 03/16/1994 Status Check (9:00 AM) ()STATUS CHECK RE: CONFIRMATION OF COUNSEL Court Clerk: JOSEPHINE BOHN Reporter/Recorder: RENEE SILVAGGIO Heard By: BONGIOVANNI, GERARD J. Minutes 03/16/1994 9:00 AM -Defendant stated Mr. Moran has not contacted him yet. COURT ORDERED, CONTINUED TO MONDAY. CUSTODY (COC)
03/21/1994 Status Check (9:00 AM) ()STATUS CHECK RE: CONFIRMATION OF COUNSEL Court Clerk: JOSEPHINE BOHN Reporter/Recorder: RENEE SILVAGGIO Heard By: BONGIOVANNI, GERARD J.
Minutes 03/21/1994 Status Check (9:00 AM) ()STATUS CHECK RE: CONFIRMATION OF COUNSEL Court Clerk: JOSEPHINE BOHN Reporter/Recorder: RENEE SILVAGGIO Heard By: BONGIOVANNI, GERARD J. Minutes 03/21/1994 9:00 AM -Prior to Court John Moran asked for a continuance to Wednesday. There being no oppositIon, COURT SO ORDERED.
03/23/1994 Status Check (9:00 AM) ()STATUS CHECK RE: CONFIRMATION OF COUNSEL Court Clerk: JOSEPHINE BOHN Relief Clerk: ALONA CANDITO Reporter/Recorder: RENEE SILVAGGIO Heard By: Gerard Bongiovanni
MinutesResult: Matter Continued 03/23/1994 Status Check (9:00 AM) ()STATUS CHECK RE: CONFIRMATION OF COUNSEL Court Clerk: JOSEPHINE BOHN Relief Clerk: ALONA CANDITO Reporter/Recorder: RENEE SILVAGGIO Heard By: Gerard Bongiovanni Minutes 03/23/1994 9:00 AM -Mr. Moran confirmed as counsel and requested the trial date be vacated and reset to review discovery with the defendant. Mr. Lucherini advised court that there is no opposition as long as defendant waives speedy and sixty day trial rights. Defendant waived sixty day rule. COURT ORDERED, trial date VACATED and RESET. Mr. Moran requested a contact visit for defendant. COURT ORDERED, contact visit GRANTED, Mr. Moran to prepare written order. CUSTODY (COC) 5/20/94 9 AM CALENDAR CALL 5/23/94 10 AM JURY TRIAL
03/24/1994 OrderORDER FOR WITHDRAWAL OF COUNSEL 93C1168630019.tif pages
03/25/1994 CANCELED Calendar Call (9:00 AM) ()VacatedResult: Vacate03/28/1994 OrderORDER FOR CONTACT VISIT 93C1168630020.tif pages
03/28/1994 CANCELED Jury Trial (10:00 AM) ()VacatedResult: Vacate
03/29/1994 Receipt of CopyRECEIPT OF COPY 93C1168630021.tif pages
04/12/1994 Receipt of CopyRECEIPT OF COPY 93C1168630022.tif pages
04/15/1994 MotionMOTION TO ENDORSE NAMES ON INFORMATION 93C1168630023.tif pages
04/20/1994 Conversion Hearing Type (9:00 AM) ()MOTION TO ENDORSE NAMES ON INFORMATION Court Clerk: JOSEPHINE BOHN Reporter/Recorder: RENEE SILVAGGIO Heard By: BONGIOVANNI, GERARD J.
Minutes 04/20/1994 Conversion Hearing Type (9:00 AM) ()MOTION TO ENDORSE NAMES ON INFORMATION Court Clerk: JOSEPHINE BOHN Reporter/Recorder: RENEE SILVAGGIO Heard By: BONGIOVANNI, GERARD J. Minutes 04/20/1994 9:00 AM -Defendant's counsel not present, COURT ORDERE, CONTINUED. CUSTODY
04/22/1994 OrderORDER TO ENDORSE NAMES ON INFORMATION 93C1168630024.tif pages
04/22/1994 Conversion Case Event TypeINFORMATION CORRECTED IN OPEN COURT 93C1168630025.tif pages
04/22/1994 Conversion Hearing Type (9:00 AM) ()MOTION TO ENDORSE NAMES ON INFORMATION Relief Clerk: LINDA GROVES Reporter/Recorder: RENEE SILVAGGIO Heard By: Gerard Bongiovanni
Minutes 04/22/1994 Conversion Hearing Type (9:00 AM) ()MOTION TO ENDORSE NAMES ON INFORMATION Relief Clerk: LINDA GROVES Reporter/Recorder: RENEE SILVAGGIO Heard By: Gerard Bongiovanni Minutes 04/22/1994 9:00 AM -Mr. Moran objected as proper discovery is needed. Mr. Lucherini stated Mr. Moran will be given proper discovery. COURT ORDERED, motion GRANTED. CUSTODY (COC)
04/26/1994 MotionMOTION TO ENDORSE NAMES ON INFORMATION 93C1168630026.tif pages
04/29/1994 MotionCHANGE OF PLEA 93C1168630027.tif pages
05/02/1994 Conversion Hearing Type (9:00 AM) ()MOTION TO ENDORSE NAMES ON INFORMATION Court Clerk: JOSEPHINE BOHN Reporter/Recorder: RENEE SILVAGGIO Heard By: Gerard Bongiovanni
Minutes 05/02/1994 Conversion Hearing Type (9:00 AM) ()MOTION TO ENDORSE NAMES ON INFORMATION Court Clerk: JOSEPHINE BOHN Reporter/Recorder: RENEE SILVAGGIO Heard By: Gerard Bongiovanni Minutes 05/02/1994 9:00 AM -COURT ORDERED, CASE TRANSFERRED AND REASSIGNED TO DEPT. I FOR FURTHER PROCEEDINGS. TRIAL DATE VACATED. CUSTODY
05/03/1994 MemorandumGUILTY PLEA MEMORANDUM 93C1168630030.tif pages
05/03/1994 Motion to Withdraw Plea (9:00 AM) ()CHANGE OF PLEA Court Clerk: PAULETTE TAYLOR Relief Clerk: JOYCE BROWN/JB Reporter/Recorder: JANICE LISTON Heard By: J. Charles Thompson
Minutes 5/03/1994 Motion to Withdraw Plea (9:00 AM) ()CHANGE OF PLEA Court Clerk: PAULETTE TAYLOR Relief Clerk: JOYCE BROWN/JB Reporter/Recorder: JANICE LISTON Heard By: J. Charles Thompson Minutes 05/03/1994 9:00 AM -GUILTY PLEA MEMO WITH CORRECTIONS BY INTERLINEATION FILED IN OPEN COURT. NEGOTIATIONS: Defendant will plead guilty to Count III. State will recommend a five year sentence, and probation for five years, and on condition Defendant would not serve more than another six months in Clark County Detention Center less credit for time served. State would dismiss all other remaining cases in the system, and not file pending charge, including but not limited to #91FO7454C; #91FO7123X; #93F0955A; and #94F03728X as well as Counts I and II of this case. DEFENDANT PLED GUILTY TO COUNT III-POSSESSION OF STOLEN PROPERTY (F). Court accepted plea, referred the matter to P & P, and continued for sentencing to the same date as his other case. CUSTODY 6-7-94 9:00 AM SENTENCING COUNT III...DISMISSAL COUNTS I AND II
05/05/1994 Conversion Case Event TypeSENTENCING CT III/DISMISSAL CTS I & II 93C1168630029.tif pages
05/20/1994 CANCELED Calendar Call (9:00 AM) ()VacatedResult: Vacate05/23/1994 CANCELED Jury Trial (10:00 AM) ()VacatedResult: Vacate
06/07/1994 Sentencing (9:00 AM) ()SENTENCING CT III/DISMISSAL CTS I & II Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: J. Charles Thompson
Minutes 06/07/1994 Sentencing (9:00 AM) ()SENTENCING CT III/DISMISSAL CTS I & II Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: J. Charles Thompson Minutes 06/07/1994 9:00 AM -Beverly Cunningham of P & P present. DEFT. HOUGH ADJUDGED GUILTY OF COUNT III-POSSESSION OF STOLEN PROPERTY (F). Statement by Mr. Moran. COURT ORDERED, in addition to the $25.00 ADMINISTRATIVE ASSESSMENT FEE, Deft. SENTENCED to Nevada Department of Prisons for TEN (10) YEARS and make RESTITUTION of $75.00; SUSPENDED; placed on PROBATION for an indeterminate period not to exceed FIVE(5) YEARS. CONDITIONS: 1. Search clause 2. Complete any counseling program as deemed necessary. 3. Pay restitution of $75.00 during probation. 4. Serve an additional four (4) months in the Clark County Detention Center with no credit for time served. This sentence to be served concurrent with C115662. COUNTS I & II DISMISSED. Deft. to be released only to the Div.
06/15/1994 JudgmentJUDGMENT OF CONVICTION - PLEA 93C1168630031.tif pages06/15/1994 JudgmentADMINISTRATION/ASSESSMENT FEE 93C1168630032.tif pages
06/15/1994 JudgmentJUDGMENT OF RESTITUTION 93C1168630033.tif pages07/12/1994 Ex ParteEX PARTE MOTION FOR APPROVAL OF EXCESSIVE FEES 93C1168630034.tif pages
07/13/1994 OrderORDER 93C1168630035.tif pages
08/01/1994 OrderORDER ADMITTING DEFENDANT TO PROBATION AND FIXING THE TERMS THEREOF 93C1168630036.tif pages
08/22/1994 PetitionPROPER PERSON MOTION FOR APPOINTMENT OF COUNSEL POST CONVICTION RELIEF 93C1168630037.tif pages
09/01/1994 Petition (9:00 AM) ()PROPER PERSON MOTION FOR APPOINTMENT OF COUNSEL POST CONVICTION RELIEF Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: J. Charles Thompso
Minutes 09/01/1994 Petition (9:00 AM) ()PROPER PERSON MOTION FOR APPOINTMENT OF COUNSEL POST CONVICTION RELIEF Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: J. Charles Thompson Minutes 09/01/1994 9:00 AM -Mr. Quam advised the deft. is in Arizona on a federal immigration matter. The Court stated the proper procedure is for him to file a motion for post- conviction relief and if it justifies counsel, then the Court would appoint counsel. COURT ORDERED, motion DENIED. NIC (COC ARIZONA)
12/01/1994 PetitionDEFENDANT'S PRO PER PETITION FOR POST- CONVICTION RELIEF TO VACATE JUDGMENTS 93C1168630039.tif pages12/07/1994 OrderORDER 93C1168630040.tif pages
12/07/1994 Reporters TranscriptREPORTER'S TRANSCRIPT RE: ENTRY OF PLEA 93C1168630042.tif pages
12/09/1994 OppositionSTATE'S OPPOSITION TO PETITION TO POST CONVICTION RELIEF OPPOSITION TOPETITION TO VACATE JUDGMENENTS OF CONVICTIONS AND OPPOSITION TO MOTION TO WITHDRAW GUILTY PLEAS PETITION TO VACATE JUDGMENENTS OF CONVICTIONS AND OPPOSITION TO MOTION TO WITHDRAW GUILTY PLEAS 93C1168630041.tif pages
12/23/1994 NoticeLATE NOTICE OF APPEAL 93C1168630043.tif pages
12/27/1994 Petition (9:00 AM) ()DEFENDANT'S PRO PER PETITION FOR POST- CONVICTION RELIEF TO VACATE JUDGMENTS Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: J. Charles Thompson
Minutes12/27/1994 Petition (9:00 AM) ()DEFENDANT'S PRO PER PETITION FOR POST- CONVICTION RELIEF TO VACATE JUDGMENTS Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: J. Charles Thompson Minutes 12/27/1994 9:00 AM -The Court has looked at the petition. First, there is no affidavit or sworn material that supports the factual allegations he makes, second, the factual allegations are belied by the record, and, third, the claim of his belief that he would not be deported is a collateral matter. For the reasons set forth in the opposiiton, COURT ORDERED, the petition is DENIED. State to prepare appropriate findings. NIC (COC-ARIZONA)
01/04/1995 JudgmentFINDINGS OF FACTS, CONCLUSIONS OF LAW AND ORDER 93C1168630044.tif pages
01/04/1995 NoticeNOTICE OF ENTRY OF ORDER 93C1168630045.tif pages
03/28/1995 NV Supreme Court Clerks Certificate/Judgment - DismissedNEVADA SUPREME COURT JUDGMENT / ORDERED APPEAL DISMISSED 93C1168630046.tif pages
10/20/1995 MotionSET TIME CERTAIN: REVOCATION OF PROBATION 93C1168630048.tif pages
10/24/1995 Hearing (9:00 AM) ()SET TIME CERTAIN: REVOCATION OF PROBATION Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: PORTER, GENE
Minutes 10/24/1995 Hearing (9:00 AM) ()SET TIME CERTAIN: REVOCATION OF PROBATION Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: PORTER, GENE Minutes 10/24/1995 9:00 AM -Norma Price of the Division of Parole & Probation present. Deft. advised Mr. Buchanan represents him. Matter trailed and recalled. COURT ORDERED, matter CONTINUED. CUSTODY CLERK'S NOTE: Notified Mr. Buchanan's office.
10/26/1995 HearingREVOCATION OF PROBATION 93C1168630050.tif pages
10/24/1995 Hearing (9:00 AM) ()SET TIME CERTAIN: REVOCATION OF PROBATION Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: PORTER, GENE Minutes 10/24/1995 9:00 AM -Norma Price of the Division of Parole & Probation present. Deft. advised Mr. Buchanan represents him. Matter trailed and recalled. COURT ORDERED, matter CONTINUED. CUSTODY CLERK'S NOTE: Notified Mr. Buchanan's office.
10/26/1995 Hearing (9:00 AM) ()SET TIME CERTAIN: REVOCATION OF PROBATION Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: Gene Porter
Minutes10/26/1995 Hearing (9:00 AM)SET TIME CERTAIN: REVOCATION OF PROBATION Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: Gene Porter Minutes 10/26/1995 9:00 AM -Robert Lawson of the Division of Parole & Probation present. Mr. Buchanan advised he does not have a copy of the report. Mr. Graham showed a copy to Mr. Buchanan. Court stated the deft. tested positive for methamphetamine on two occasions. Mr. Buchanan requested release pending the hearing and argued. Argument by Mr. Graham. Court stated Immigration and Naturalization wants him deported. Statement by the deft. Mr. Buchanan requested bail. Mr. Lawson objected. COURT ORDERED, request DENIED and matter set for revocation of probation. CUSTODY 11-3-95 9:30 AM REVOCATION OF PROBATION
11/03/1995 Revocation of Probation (9:30 AM) ()REVOCATION OF PROBATION Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: PORTER, GENE
Minutes11/03/1995 Revocation of Probation (9:30 AM) ()REVOCATION OF PROBATION Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: PORTER, GENE Minutes 11/03/1995 9:30 AM -Charles Combs of the Division of Parole & Probation present. Mr. Quam requested reinstatement of probation on whatever guidelines the Court wants. Mr. Combs advised Mr. Sliva had requested a continuance to Tuesday as he could not be here and he thinks the officer would want to be here for negotiations. Mr. Quam made a statement as to why the State wants to continue the deft. on probation. Mr. Buchanan requested he be put back on probation. Court stated that less than 30 days ago he tested positive for methamphetamine. Mr. Buchanan advised the deft. is enrolled in Action Counseling, so the deft. will be in a drug program immediately upon release. COURT ORDERED, CONTINUED to Tuesday. CUSTODY
11/07/1995 Revocation of Probation (9:00 AM) ()REVOCATION OF PROBATION Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: Gene Porter
Minutes11/07/1995 Revocation of Probation (9:00 AM) ()REVOCATION OF PROBATION Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: Gene Porter Minutes 11/07/1995 9:00 AM -Michael Sliva of the Division of Parole & Probation present. Mr. Buchanan advised the deft. will stipulate to the violations of being under the influence on two occasions. The State will recommend reinstatement with some new conditions. 1. Deft. spend the first six months on House Arrest. 2. Deft. will hold the State harmless for any and all complications arising out of his INS problem. Mr. Gardner advised the deft. will not try to make future claims because of what happened with INS. The State would ask him to waive any defects in the plea agreement so that in the future, he will not claim because of INS's action, the plea was not entered voluntarily. Deft. so STIPULATED. COURT ORDERED, deft. REINSTATED on probation with those additional conditions. Deft. to be released only to P & P.
11/17/1995 JudgmentAMENDED JUDGMENT OF CONVICTION - PLEA 93C1168630051.tif pages
11/17/1995 JudgmentAMENDED JUDGMENT 93C1168630052.tif pages
12/21/1995 OrderORDER ADMITTING DEFENDANT TO PROBATION AND FIXING THE TERMS THEREOF MODIFICATION MODIFICATION 93C1168630053.tif pages
02/12/1996 RequestMOTION TO AMEND DEFENDANTS SENTENCE AND TO RELEASE DEFENDANT ON HIS OWN RECOGNIZANCE RECOGNIZANCE 93C1168630059.tif pages
02/12/1996 Receipt of CopyRECEIPT OF COPY 93C1168630060.tif pages
02/13/1996 MotionSET TIME CERTAIN: REVOCATION OF PROBATION 93C1168630054.tif pages
02/13/1996 MotionDEFT'S MOTION TO AMEND SENTENCE AND TO RELEASE ON HIS OWN RECOGNIZANCE 93C1168630055.tif pages
02/13/1996 MotionDEFT'S MOTION FOR O.R. RELEASE 93C1168630056.tif pages
02/13/1996 OrderORDER SHORTENING TIME 93C1168630057.tif pages
02/13/1996 RequestMOTION FOR REVOCATION OF PROBATION AND REQUEST FOR HEARING DATE 93C1168630058.tif pages
02/13/1996 Receipt of CopyRECEIPT OF COPY 93C1168630061.tif pages
02/15/1996 MotionALL PENDING MOTIONS 2-15-96 93C1168630062.tif pages02/15/1996 Hearing (9:00 AM) ()SET TIME CERTAIN: REVOCATION OF PROBATION
02/15/1996 Motion to Amend (9:00 AM) ()DEFT'S MOTION TO AMEND SENTENCE AND TO RELEASE ON HIS OWN RECOGNIZANCE Heard By: Gene PorterResult: Matter Heard
02/15/1996 Motion for Own Recognizance Release/Setting Reasonable Bail (9:00 AM) ()DEFT'S MOTION FOR O.R. RELEASE
02/15/1996 All Pending Motions (9:00 AM) ()ALL PENDING MOTIONS 2-15-96 Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: Gene Porter
Minutes11/07/1995 Revocation of Probation (9:00 AM) ()REVOCATION OF PROBATION Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: Gene Porter Minutes 11/07/1995 9:00 AM -Michael Sliva of the Division of Parole & Probation present. Mr. Buchanan advised the deft. will stipulate to the violations of being under the influence on two occasions. The State will recommend reinstatement with some new conditions. 1. Deft. spend the first six months on House Arrest. 2. Deft. will hold the State harmless for any and all complications arising out of his INS problem. Mr. Gardner advised the deft. will not try to make future claims because of what happened with INS. The State would ask him to waive any defects in the plea agreement so that in the future, he will not claim because of INS's action, the plea was not entered voluntarily. Deft. so STIPULATED. COURT ORDERED, deft. REINSTATED on probation with those additional conditions. Deft. to be released only to P & P.
02/15/1996 All Pending Motions (9:00 AM) ()ALL PENDING MOTIONS 2-15-96 Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: Gene Porter Minutes 02/15/1996 9:00 AM -DEFT'S MOTION TO AMEND SENTENCE AND TO RELEASE DEFENDANT ON HIS OWN RECOGNIZANCE...SET TIME CERTAIN: REVOCATION OF PROBATION Terry Lawson of the Division of Parole & Probation present. Court stated it does not have an opposition. Ms. Rehfeldt advised she did not think the State had an opportunity to respond and requested time to do so. Mr. Flangas advised 1 1/2 years ago the State was asking for the reduction. COURT ORDERED, Motion to Amend Sentence is CONTINUED. Ms. Rehfeldt requested a hearing for the revocation in two weeks. COURT ORDERED, matter set for revocation hearing. Argument by Mr. Flangas for an O.R. COURT ORDERED, O.R. DENIED. CUSTODY 2-29-96 9:00 AM DEFT'S MOTION TO AMEND SENTENCE 3-5-96 9:30 AM REVOCATION OF PROBATION
02/16/1996 MotionDEFT'S MOTION TO AMEND SENTENCE 93C1168630063.tif pages
02/16/1996 HearingREVOCATION OF PROBATION 93C1168630064.tif pages
02/22/1996 MotionDEFT'S MOTION TO RESET THE REVOCATION HEARING 93C1168630065.tif pages
02/22/1996 Receipt of CopyRECEIPT OF COPY 93C1168630066.tif pages
02/27/1996 Motion to Continue (9:00 AM) ()DEFT'S MOTION TO RESET THE REVOCATION HEARING Court Clerk: PAULETTE TAYLOR Reporter/Recorder: ARLENE BLAZI Heard By: Gene Porter
Minutes 02/27/1996 Motion to Continue (9:00 AM) ()DEFT'S MOTION TO RESET THE REVOCATION HEARING Court Clerk: PAULETTE TAYLOR Reporter/Recorder: ARLENE BLAZI Heard By: Gene Porter Minutes 02/27/1996 9:00 AM -Terry Lawson of the Division of Parole & Probation present. Mr. Flangas advised they have resolved the problem with March 5 and requested the motion be withdrawn. COURT ORDERED, motion WITHDRAWN. CUSTODY
02/29/1996 Motion to Amend (9:00 AM) ()DEFT'S MOTION TO AMEND SENTENCE Court Clerk: PAULETTE TAYLOR Reporter/Recorder: ARLENE BLAZI Heard By: Gene Porter
Minutes 02/29/1996 Motion to Amend (9:00 AM) ()DEFT'S MOTION TO AMEND SENTENCE Court Clerk: PAULETTE TAYLOR Reporter/Recorder: ARLENE BLAZI Heard By: Gene Porter Minutes 02/29/1996 9:00 AM -State had no opposition. COURT ORDERED, motion GRANTED and sentence is AMENDED to FIVE (5) YEARS. Revocation hearing date stands. CUSTODY
03/05/1996 Revocation of Probation (9:30 AM) ()REVOCATION OF PROBATION Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: Gene Porte
Minutes 03/05/1996 Revocation of Probation (9:30 AM) ()REVOCATION OF PROBATION Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: Gene Porter Minutes 03/05/1996 9:30 AM -Terry Lawson of the Division of Parole & Probation present. Mr. Flangas advised he will be objecting to the revocation, but they need to do some housekeeping first. He argued that the 340 days credit for time served should be 395 days. He advised he will be asking for a dishonorable discharge and argued to allow the withdrawal of the guilty plea. Court stated it needs to have a hearing on these charges. It reinstated the deft. with Mr. Buchanan. Argument by Mr. Flangas. Court stated all it asked was that he get off drugs. The Court put him back on probation and he is back dirty again. The Court is not going to give him a dishonorable to do drugs again. Mr. Flangas requested he get the extra 54 days credit today. Mr. Mueller inquired if they have a stipulation to the violation. Mr. Flangas advised he will not stipulate. Court proceeded with the hearing. Mr. Flangas invoked the exclusionary rule. Testimony and exhibits presented. (See worksheets in C115662.) Argument by Mr. Flangas. Court stated its findings and ORDERED, PROBATION REVOKED; original sentence of FIVE (5) YEARS in the Nevada Department of Prisons CONCURRENT with C115662 will be imposed with NO Credit For Time Served.
03/15/1996 NoticeNOTICE OF APPEAL 93C1168630070.tif pages
03/15/1996 NoticeNOTICE OF APPEAL 93C1168630071.tif pages
03/18/1996 HearingDEFT'S PRO PER MOTION FOR COUNTY JAIL CREDITS 93C1168630069.tif pages
03/25/1996 OrderORDER 93C1168630072.tif pages
03/28/1996 Hearing on Credit For Time Served (9:00 AM) ()DEFT'S PRO PER MOTION FOR COUNTY JAIL CREDITS Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: Gene Porter
Minutes 03/28/1996 Hearing on Credit For Time Served (9:00 AM) ()DEFT'S PRO PER MOTION FOR COUNTY JAIL CREDITS Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: Gene Porter Minutes 03/28/1996 9:00 AM -Terry Lawson of the Division of Parole & Probation present. Mr. Flangas advised he spoke with Mr. Lawson and they agreed the credit for time served is 394 days. Mr. Lawson advised that is in case C116863. COURT ORDERED, credit for time served of 394 days. Mr. Flangas advised he also wanted to withdraw as counsel but the deft. is not present, but he signed a consent. COURT ORDERED, Mr. Flangas is ALLOWED TO WITHDRAW. NDP CLERK'S NOTE: Upon speaking with Mr. Lawson, clerk learned the credit should be in C115662 and not C116863.
04/01/1996 WithdrawalEX-PARTE MOTION TO WITHDRAWAL AS COUNSEL 93C1168630073.tif pages
04/01/1996 OrderORDER 93C1168630074.tif pages
04/04/1996 NoticeAMENDED NOTICE OF APPEALS 93C1168630075.tif pages
04/15/1996 JudgmentSECOND AMENDED JUDGMENT OF CONVICTION - PLEA 93C1168630076.tif pages
04/15/1996 JudgmentSECOND AMENDED JUDGMENT 93C1168630077.tif pages
05/01/1996 MotionDEFT'S PRO PER MOTION FOR CREDIT OF SENTENCE/AMEND JUDGMENT OF CONVICTION 93C1168630079.tif pages
05/08/1996 OppositionOPPOSITION TO MOTION FOR CREDIT FOR TIME SERVED AND MOTION TO AMEND JUDGMENT OF CONVICTION JUDGMENT OF CONVICTION 93C1168630080.tif pages
05/14/1996 Motion (9:00 AM) ()DEFT'S PRO PER MOTION FOR CREDIT OF SENTENCE/AMEND JUDGMENT OF CONVICTION Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: Gene Porter
Minutes 05/17/1996 Notice of AppealNOTICE OF APPEAL 93C1168630117.tif pages
05/21/1996 MotionDEFT'S PRO PER MOTION TO VACATE SENTENCE AND TO WITHDRAW GUILTY PLEA 93C1168630081.tif pages
05/22/1996 OrderORDER DENYING DEFENDANTS MOTION FOR CREDIT FOR TIME SERVED AND MOTION TO AMEND JUDGMENT OF CONVICTION AMEND JUDGMENT OF CONVICTION 93C1168630082.tif pages
06/04/1996 Motion to Vacate (9:00 AM) ()DEFT'S PRO PER MOTION TO VACATE SENTENCE AND TO WITHDRAW GUILTY PLEA Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: PORTER, GENE
Minutes 06/04/1996 Motion to Vacate (9:00 AM) ()DEFT'S PRO PER MOTION TO VACATE SENTENCE AND TO WITHDRAW GUILTY PLEA Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: PORTER, GENE Minutes 06/04/1996 9:00 AM -Court stated it needs a response. Mr. Porterfield requested two weeks. COURT ORDERED, matter CONTINUED. NDP
06/06/1996 MotionDEFT'S PRO PER MOTION TO DIVIDE COUNTY JAIL PRESENTENCE CREDITS 93C1168630083.tif pages
06/07/1996 OppositionOPPOSITION TO MOTION TO VACATE SENTENCE AND WITHDRAWAL PLEA 93C1168630084.tif pages
06/11/1996 OppositionSTATES OPPOSITION TO MOTION TO DIVIDE JAIL TIME CREDITS 93C1168630085.tif pages
06/18/1996 MotionALL PENDING MOTIONS
6-18-96 93C1168630086.tif pages
06/18/1996 Motion to Vacate (9:00 AM) ()DEFT'S PRO PER MOTION TO VACATE SENTENCE AND TO WITHDRAW GUILTY PLEAResult: Matter Heard
06/18/1996 Motion (9:00 AM) ()DEFT'S PRO PER MOTION TO DIVIDE COUNTY JAIL PRESENTENCE CREDITS Heard By: Gene PorterResult: Denied
06/18/1996 All Pending Motions (9:00 AM) ()ALL PENDING MOTIONS
6-18-96 Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: Gene Porter
Minutes 06/18/1996 All Pending Motions (9:00 AM) ()ALL PENDING MOTIONS 6-18-96 Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: Gene Porter Minutes 06/18/1996 9:00 AM -DEFT'S PRO PER MOTION TO VACATE SENTENCE AND TO WITHDRAW GUILTY PLEA... DEFT'S PRO PER MOTION TO DIVIDE COUNTY JAIL PRESENTENCE CREDITS COURT ORDERED, Motion to Vacate is DENIED, and the Motion to Divide is DENIED pursuant to NRS 176.055. NDP
06/27/1996 OrderORDER DENYING DEFENDANTS MOTION TO VACATE SENTENCE AND WITHDRAWAL PLEA 93C1168630087.tif pages
06/27/1996 OrderORDER DENYING DEFENDANTS MOTION TO DIVIDE COUNTY JAIL PRESENTENCE CREDITS 93C1168630088.tif pages
07/01/1996 OppositionDEFENDANTS COUNTER OPPOSITION TO STATES OPPOSITION FOR COUNTY JAIL CREDITS TO AMEND JUDGEMENT OF CONVICTION MOTION FOR COUNTY JAIL CREDIT AMEND JUDGEMENT OF CONVICTION MOTION FOR COUNTY JAIL CREDIT 93C1168630089.tif pages
10/17/1996 NoticeNOTICE OF MOTION 93C1168630090.tif pages
10/17/1996 MotionDEFT'S PRO PER MOTION TO CORRECT ILLEGAL SENTENCE 93C1168630091.tif pages
10/23/1996 OppositionOPPOSITION TO MOTION TO CORRECT SENTENCE 93C1168630093.tif pages
10/29/1996 Motion to Modify Sentence (9:00 AM) ()DEFT'S PRO PER MOTION TO CORRECT ILLEGALSENTENCE Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: Gene Porter
Minutes10/29/1996 Motion to Modify Sentence (9:00 AM) ()DEFT'S PRO PER MOTION TO CORRECT ILLEGALSENTENCE Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: Gene Porter Minutes 10/29/1996 9:00 AM -Court stated it has previously ruled on this and ORDERED, motion is DENIED. NDP
11/19/1996 OrderORDER DENYING THE DEFENDANTS MOTION TO CORRECT SENTENCE 93C1168630094.tif pages
11/20/1996 NoticeNOTICE OF APPEAL 93C1168630095.tif pages
11/21/1996 StatementCASE APPEAL STATEMENT 93C1168630096.tif pages
12/02/1996 MotionDEFT'S PRO PER MOTION TO SHOW COURT THE ISSUE OF UNKEPT PLEA BARGAIN 93C1168630097.tif pages
12/02/1996 RequestMOTION TO RECONSIDER TO SHOW THE COURT THAT THE ISSUE OF AN UNKEPT PLEA BARGAIN IS NOT BEING ADDRESSED BY THE COURT PLEA BARGAIN IS NOT BEING ADDRESSED BY THE COURT 93C1168630098.tif pages
12/05/1996 OppositionOPPOSITION TO DEFENDANTS MOTION TO RECONSIDER TO SHOW THE COURT THAT THE ISSUE OF AN UNKEPT PLEA BARGAIN ISSUE OF AN UNKEPT PLEA BARGAIN 93C1168630099.tif pages
12/17/1996 Motion (9:00 AM) ()DEFT'S PRO PER MOTION TO SHOW COURT THE ISSUE OF UNKEPT PLEA BARGAIN Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: Gene Porter
Minutes12/17/1996 Motion (9:00 AM) ()DEFT'S PRO PER MOTION TO SHOW COURT THE ISSUE OF UNKEPT PLEA BARGAIN Court Clerk: PAULETTE TAYLOR Reporter/Recorder: JANICE LISTON Heard By: Gene Porter Minutes 12/17/1996 9:00 AM -The Court stated it has a proper person motion to reconsider the motion the Court denied. The Court has no control over what Immigration and Naturalization does and has considered that and ORDERED the motion is DENIED. NDP
12/23/1996 OrderORDER DENYING DEFENDANTS MOTION TO RECONSIDER 93C1168630100.tif pages
03/12/1997 PetitionDEFT'S PRO PER PETITION FOR WRIT OF HABEAS CORPUS 93C1168630102.tif pages
04/09/1997 OrderORDER 93C1168630103.tif pages
04/17/1997 OppositionSTATE'S OPPOSITION TO PETITION FOR WRIT OF HABEAS CORPUS 93C1168630104.tif pages
05/19/1997 Petition for Writ of Habeas Corpus (9:00 AM) ()DEFT'S PRO PER PETITION FOR WRIT OF HABEAS CORPUS Heard By: Gene PorterResult: Matter Continued
05/22/1997 MotionDEFT'S PRO PER MOTION IN SUPPORT 93C1168630105.tif pages
05/22/1997 RequestMOTION IN SUPPORT OF RELIEF ISSUE FAILURE OF THE STATE TO TIMELY ANSWEROR RESPOND OR FILE COURT ORDERED RESPONSE TO HABEAS CORPUS POST-CONVICTION PLEADING BY THIS COURTS ORDER DATED MARCH 14 1997 OR RESPOND OR FILE COURT ORDERED RESPONSE TO HABEAS CORPUS POST-CONVICTION PLEADING BY THIS COURTS ORDER DATED MARCH 14 1997 93C1168630106.tif pages
05/27/1997 MotionALL PENDING MOTIONS 5-27-97 93C1168630107.tif pages
05/27/1997 Petition for Writ of Habeas Corpus (9:00 AM) ()DEFT'S PRO PER PETITION FOR WRIT OF HABEAS CORPUS Heard By: Gene PorterResult: Denied
05/27/1997 Motion (9:00 AM) ()DEFT'S PRO PER MOTION IN SUPPORT05/27/1997 All Pending Motions (9:00 AM) ()ALL PENDING MOTIONS 5-27-97 Court Clerk: CHERYL CASE Reporter/Recorder: JANICE LISTON Heard By: Gene Porter
Minutes 05/27/1997 All Pending Motions (9:00 AM) ()ALL PENDING MOTIONS 5-27-97 Court Clerk: CHERYL CASE Reporter/Recorder: JANICE LISTON Heard By: Gene Porter Minutes 05/27/1997 9:00 AM -DEFT'S PRO PER PETITION FOR WRIT OF HABEAS CORPUS...DEFT'S PRO PER MOTION IN SUPPORT OF RELIEF Court noted it has already ruled on Defendant's Petition on 11/19 and 12/17/96. COURT ORDERED, Petition DENIED. NDP
06/04/1997 OrderORDER DENYING DEFENDANT'S MOTION IN SUPPORT OF RELIEF 93C1168630108.tif pages
06/04/1997 NoticeNOTICE OF ENTRY OF ORDER 93C1168630109.tif pages
06/16/1997 Notice of AppealNOTICE OF APPEAL FROM ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUSWHERE COURT HAS OVERLOOKED AND OR MISAPPREHENDED A MATERIAL MATTER IN THE RECORD WHERE COURT HAS OVERLOOKED AND OR MISAPPREHENDED A MATERIAL MATTER IN THE RECORD 93C1168630111.tif pages
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06/17/1997 StatementCASE APPEAL STATEMENT 93C1168630110.tif pages
06/19/1997 MotionDEFT'S PRO PER MOTION FOR REHEARING/ RECONSIDERATION OF ORDER DENYING PTN 93C1168630112.tif pages
06/19/1997 RequestMOTION FOR REHEARING/RECONSIDERATION OF ORDER DENYING PETITION FOR A WRITOF HABEAS CORPUS PURSUANT TO NRS 24.830 INCLUSIVE AS PURSUANT TO NEVADA EIGHTH JUDICIAL DISTRICT COURT RULE 5.29(C) TO SHOW THE COURT THAT ALL FACTS HAVE BEEN OVERLOOKED OR MISHAPPREHENDED OF HABEAS CORPUS PURSUANT TO NRS 24.830 INCLUSIVE AS PURSUANT TO NEVADA EIGHTH JUDICIAL DISTRICT COURT RULE 5.29(C) TO SHOW THE COURT THAT ALL FACTS HAVE BEEN OVERLOOKED OR MISHAPPREHENDED 93C1168630113.tif pages
07/03/1997 Motion to Rehear (9:00 AM) ()DEFT'S PRO PER MOTION FOR REHEARING/ RECONSIDERATION OF ORDER DENYING PTN Court Clerk: JUDY NORMAN Relief Clerk: NORA BLOCK/NB Reporter/Recorder: PAULINE MAY Heard By: Donald Mosley
Minutes 07/03/1997 Motion to Rehear (9:00 AM) ()DEFT'S PRO PER MOTION FOR REHEARING/ RECONSIDERATION OF ORDER DENYING PTN Court Clerk: JUDY NORMAN Relief Clerk: NORA BLOCK/NB Reporter/Recorder: PAULINE MAY Heard By: Donald Mosley Minutes 07/03/1997 9:00 AM -Court stated its findings and ORDERED, motion DENIED. NDP
07/11/1997 OrderORDER DENYING DEFENDANTS MOTION TO RECONSIDER 93C1168630115.tif pages
08/25/1997 HearingAT THE REQUEST OF THE COURT REMITTITUR SUPREME COURT 93C1168630116.tif pages
08/28/1997 Request of Court (9:00 AM) ()AT THE REQUEST OF THE COURT REMITTITUR SUPREME COURT Court Clerk: JUDY NORMAN Reporter/Recorder: MAUREEN SCHORN Heard By: Donald Mosley
Minutes 08/28/1997 Request of Court (9:00 AM) ()AT THE REQUEST OF THE COURT REMITTITUR SUPREME COURT Court Clerk: JUDY NORMAN Reporter/Recorder: MAUREEN SCHORN Heard By: Donald Mosley Minutes 08/28/1997 9:00 AM -Conference at the Bench. COURT ORDERED, MR. SHULMAN CONFIRMED AS COUNSEL FOR DEFENDANT. NDP
10/30/1997 MotionDEFT'S MOTION FOR BAIL 93C1168630118.tif pages
11/03/1997 CertificateCERTIFICATE OF MAILING 93C1168630152.tif pages
11/05/1997 Motion for Own Recognizance Release/Setting Reasonable Bail (9:00 AM) ()DEFT'S MOTION FOR BAIL Heard By: Donald MosleyResult: Denied
11/05/1997 All Pending Motions (9:00 AM) ()ALL PENDING MOTIONS FOR 11/05/97 Court Clerk: JUDY NORMAN Relief Clerk: JO ANN HANEMAN/JAH Reporter/Recorder: MAUREEN SCHORN Heard By: Donald Mosley
Minutes 11/05/1997 All Pending Motions (9:00 AM) ()ALL PENDING MOTIONS FOR 11/05/97 Court Clerk: JUDY NORMAN Relief Clerk: JO ANN HANEMAN/JAH Reporter/Recorder: MAUREEN SCHORN Heard By: Donald Mosley Minutes 11/05/1997 9:00 AM -DEFT'S MOTION FOR BAIL...DEFT'S MOTION FOR CREDIT FOR TIME SERVED COURT ORDERED: Deft's motion for bail DENIED, FURTHER, COURT ORDERED CREDIT FOR TIME SERVED THREE HUNDRED NINETY FOUR (394) DAYS. NDP
11/13/1997 MotionALL PENDING MOTIONS FOR 11/05/97 93C1168630119.tif pages
11/17/1997 JudgmentAMENDED JUDGMENT OF CONVICTION 93C1168630120.tif pages
11/17/1997 JudgmentAMENDED JUDGMENT 93C1168630122.tif pages
11/18/1997 NoticeNOTICE OF ORDER AND CERTIFICATE OF MAILING 93C1168630121.tif pages
11/24/1997 OrderORDER DENYING DEFENDANTS MOTION FOR BAIL 93C1168630123.tif pages
03/23/1998 Reporters TranscriptREPORTER'S TRANSCRIPT OF REVOCATION OF PROBATION 93C1168630125.tif pages
05/05/1998 RequestREQUEST TO CERTIFY AND TRANSMIT SUPPLEMENTAL RECORD ON APPEAL 93C1168630126.tif pages
12/23/1999 NV Supreme Court Clerks Certificate/Judgment - DismissedNEVADA SUPREME COURT JUDGMENT / ORDERED APPEAL DISMISSED 93C1168630127.tif pages
12/23/1999 JudgmentREMITTITUR APPEAL DISMISSED 93C1168630128.tif pages
01/10/2000 NV Supreme Court Clerks Certificate/Judgment - DismissedNEVADA SUPREME COURT JUDGMENT / ORDERED APPEAL DISMISSED 93C1168630129.tif pages
01/10/2000 JudgmentREMITTITUR APPEAL DISMISSED 93C1168630130.tif pages
10/27/2003 Order for Disposal of ExhibitsORDER FOR DISPOSAL OF EXHIBITS 93C1168630132.tif pages
11/14/2003 OrderPETITION AND ORDER TO DESTROY OR DISPOSE OF EXHIBITS 93C1168630133.tif pages
11/14/2003 Certificate of Disposal of ExhibitsCERTIFICATE OF DISPOSAL OF EXHIBITS 93C1168630134.tif pages
03/04/2009 RequestMOTION TO CLARIFY EXHAUSTION OF STATE REMEDIES 93C1168630135.tif pages
03/09/2009 MotionDEFT'S PRO PER MTN TO CLARIFY EXHUSTION OF STATE REMEDIES /41 93C1168630138.tif pages
03/25/2009 Motion to Clarify (9:00 AM) ()DEFT'S PRO PER MTN TO CLARIFY EXHUSTION OF STATE REMEDIES /41 Court Clerk: Linda Skinner Reporter/Recorder: Maureen Schorn Heard By: Donald Mosley
Minutes 03/25/2009 Motion to Clarify (9:00 AM) ()DEFT'S PRO PER MTN TO CLARIFY EXHUSTION OF STATE REMEDIES /41 Court Clerk: Linda Skinner Reporter/Recorder: Maureen Schorn Heard By: Donald Mosley Minutes 03/25/2009 9:00 AM -Court noted Defendant lives in England, is not present and wants communication from this Court to explain the status of both cases, which Court will do. COURT ORDERED, matter OFF CALENDAR. NIC
04/13/2009 NoticeNOTICE OF HEARING 93C1168630139.tif pages
04/22/2009 ConsentCONSENT TO SERVICE BY ELECTRONIC MEANS 93C1168630140.tif pages
04/30/2009 PetitionDEFT'S PRO PER PTN FOR POST CONVICTION RELIEF AND/OR MTN TO CORRECT 93C1168630141.tif pages
04/30/2009 Order for Petition for Writ of Habeas CorpusORDER FOR PETITION FOR A WRIT OF HABEAS CORPUS 93C1168630142.tif pages
05/06/2009 OppositionSTATES OPPOSITION TO DEFTS PETITION FOR WRIT OF HABEAS CORPUS 93C1168630143.tif pages
05/06/2009 OppositionSTATES OPPOSITION TO DEFTS PETITION FOR WRIT OF HABEAS CORPUS 93C1168630144.tif pages
05/26/2009 ReplyPETITIONERS REPLY TO STATES OPPOSITION FOR A WRIT OF HABEAS CORPUS AND OR POST CONVICTION RELIEF TO VACATE INVALID AND UNCONSTITUTIONAL GUILTY PLEA CONVICTION RELIEF TO VACATE INVALID AND UNCONSTITUTIONAL GUILTY PLEA 93C1168630145.tif pages
05/28/2009 ReplySUPPLEMENTAL REPLACEMENT REPLY TO STATES OPPOSITION FOR A WRIT OF HABEAS CORPUSAND OR POST CONVICTION RELIEF TO VACATE INVALID AND UNCONSTITUTIONAL GUILTY PLEA AND OR POST CONVICTION RELIEF TO VACATE INVALID AND UNCONSTITUTIONAL GUILTY PLEA 93C1168630146.tif pages
06/10/2009 Petition for Writ of Habeas Corpus (9:00 AM) ()DEFT'S PRO PER PTN FOR POST CONVICTION RELIEF AND/OR MTN TO CORRECT Court Clerk: Linda Skinner Reporter/Recorder: Maureen Schorn Heard By: James Brennan
Minutes 6/10/2009 Petition for Writ of Habeas Corpus (9:00 AM) ()DEFT'S PRO PER PTN FOR POST CONVICTION RELIEF AND/OR MTN TO CORRECT Court Clerk: Linda Skinner Reporter/Recorder: Maureen Schorn Heard By: James Brennan Minutes 06/10/2009 9:00 AM -Court noted this petition is successive and that previous petitions have been denied; that Defendant did not follow the proper procedure and it is untimely with no good cause shown as to the successive filing. Therefore, COURT ORDERED, DENIED. NIC
06/11/2009 Notice of AppealNOTICE OF APPEAL (SC 53981) 93C1168630147.tif pages
06/12/2009 StatementCASE APPEAL STATEMENT 93C1168630148.tif pages
06/13/2009 Notice of AppealAMENDED NOTICE OF APPEALS 93C1168630149.tif pages
07/15/2009 OrderORDER DENYING DEFTS PETITION FOR POST CONVICTION RELIEF AND OR MOTION TO CORRECT CORRECT 93C1168630150.tif pages
07/19/2009 ExhibitsSUPPLEMENTAL EXHIBIT 93C1168630151.tif pages
06/22/2010 RequestMOTION FOR APPOINTMENT OF ATTNEY WITH JUDICIAL NOTICE 93C1168630157.tif pages
07/09/2010 MotionDEFT'S PRO PER MTN TO WITHDRAW GUILTY PLEA AND/OR TERMINATE JGMT OF CONVICTION 93C1168630158.tif pages
07/13/2010 JudgmentCLERK'S CERTIFICATE JUDGMENTS AFFIRMED 93C1168630160.tif pages
07/21/2010 MotionDEFT'S PRO PER MTN TO WITHDRAW GUILTY PLEA AND/OR TERMINATE JGMT OF CONVICTION 93C1168630161.tif pages
07/21/2010 Motion (8:45 AM) (Judicial Officer Bell, Linda)DEFT'S PRO PER MTN TO WITHDRAW GUILTY PLEAS TO CORRECT MANIFEST INJUSTICE AND/OR MOTION TO TERMINATE JUDGMENT OF CONVICTION
Minutes 07/21/2010 Motion (8:45 AM) (Judicial Officer Bell, Linda)DEFT'S PRO PER MTN TO WITHDRAW GUILTY PLEAS TO CORRECT MANIFEST INJUSTICE AND/OR MOTION TO TERMINATE JUDGMENT OF CONVICTION Minutes 07/21/2010 8:45 AM -Daniel Westmeyer, DDA, present for the State of Nevada. Court advised she received no opposition. Mr. Westmeyer advised this is an old case and his clerk was able to partially reconstruct the file, however, he needs to do more investigation and do a written response. Court stated she understands the pressures counsel are under, however, she expects everyone to follow the rules and file a timely response or a motion for more time. Colloquy. COURT ORDERED, matter CONTINUED thirty days. NIC CONTINUED TO: 8-25-10 8:45 AM
08/18/2010 OppositionState's Opposition to Defendant's Motion to Withdraw Guilty Pleas to Correct Manifest Injustice and/or Motion to Terminate Judgment of Convictions and Motion for Appointment of Attorney With Judicial Notice
08/25/2010 Motion to Withdraw Plea (8:45 AM) (Judicial Officer Bell, Linda)
08/25/2010, 08/27/2010, 10/15/2010, 10/22/2010, 10/27/2010, 12/15/2010Deft's Pro Per Motion to Withdraw Guilty Pleas to Correct Manifest Injustice and/or Motion to Terminate Judgment of Conviction
Minutes 08/25/2010 Motion to Withdraw Plea (8:45 AM) (Judicial Officer Bell, Linda)08/25/2010, 08/27/2010, 10/15/2010, 10/22/2010, 10/27/2010, 12/15/2010Deft's Pro Per Motion to Withdraw Guilty Pleas to Correct Manifest Injustice and/or Motion to Terminate Judgment of Conviction Minutes 08/25/2010 8:45 AM 08/25/2010 8:45 AM -Daniel Westmeyer, DDA, present for the State of Nevada. Deft. Hough, in proper person, not present. - Court advised she did not receive the State's response. Mr. Westmeyer provided a copy to the Court. COURT ORDERED, matter CONTINUED to Friday for the Court to review the State's response. NIC CONTINUED TO: 8-27-10 8:45 AM 08/27/2010 8:45 AM -Barbara Schifalacqua, DDA, present for the State of Nevada. Deft. Hough, in proper person, not present. - Court advised Deft. Hough lives out of the country and has requested thirty days to reply to the State's Opposition, which he just received. COURT ORDERED, matter CONTINUED 45 days. NIC CONTINUED TO: 10-15-10 8:45 AM 10/15/2010 8:45 AM -Priyanka Sedlock present for the State. COURT ORDERED, matter CONTINUED. 10/22/10 08:45 AM 10/22/2010 8:45 AM -Priyanka present for the State. Deft. Mark Hough present telephonically. Court stated it would appoint counsel to brief legal issue regarding retroactivity of Padilla. NIC 10/27/10 08:45 AM STATUS CHECK: CONFIRMATION OF COUNSEL 10/27/2010 8:45 AM 12/15/2010 8:45 AM
08/25/2010Reset by Court to 08/25/2010 Result: Continued
09/12/2010 Reply to OppositionREPLY TO STATEýS UNTIMELY FILED OPPOSITION TO DEFENDANTýS MOTION TO WITHDRAW GUILTY PLEA TO CORRECT MANIFEST INJUSTICE AND/OR MOTION TO VACATE JUDGEMENT OF CONVICTIONS AND MOTION FOR APPOINTMENT OF COUNSEL
10/27/2010 Status Check (8:45 AM) (Judicial Officer Bell, Linda)Status Check: Appointment of Counsel Result: Matter Resolved
10/27/2010 All Pending Motions (8:45 AM) (Judicial Officer Bell, Linda)
Minutes 10/27/2010 All Pending Motions (8:45 AM) (Judicial Officer Bell, Linda) Minutes 10/27/2010 8:45 AM -Carrie Morton, DDA, present for the State of Nevada. - Christopher Oram, Esq., present on behalf of Deft. Hough. DEFT'S PRO PER MOTION TO WITHDRAW GUILTY PLEAS TO CORRECT MANIFEST INJUSTICE AND/OR MOTION TO TERMINATE JUDGMENT OF CONVICTION...STATUS CHECK: APPOINTMENT OF COUNSEL Deft. Hough not present. Mr. Oram advised his only concern is who would have the file and advised, according to the State, Robert Lucherini was Deft's former counsel. Mr. Oram requested a status check in thirty days. Colloquy. COURT ORDERED, motion CONTINUED. Court advised she is particularly interested in the retroactivity of Padilla. NIC 12-15-10 8:45 AM DEFT'S PRO PER MOTION TO WITHDRAW GUILTY PLEAS TO CORRECT MANIFEST INJUSTICE AND/OR MOTION TO TERMINATE JUDGMENT OF CONVICTION
Financial Information
Defendant Hough, Mark G
Total Financial Assessment 7.00 Total Payments and Credits 7.00
Balance Due as of 11/27/2010 0.00
08/16/1994 Transaction Assessment 7.0008/16/1994 Conversion Payment Receipt # 00109456 (7.00)
